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The Quest for Establishing Intellectual Property Rights Over Foods, Handicrafts and Cultural Heritages: the Case of Bangladesh

Mohammad Atique Rahman
Assistant Professor
Department of International Relations, University of Dhaka, Bangladesh.

Abstract/ Executive Summary:

The UNESCO’s recognition of Jamdani as a traditional product brings forth the issue of global intellectually property rights models and their relevance for Bangladesh. TRIPS articulate three major characteristics of GI products. These are: 5. It must relate to a specific type of goods. These goods must originate from a defined area. These goods must have qualities, reputations or other characteristics that are clearly linked to the geographical origin of goods. The GI method is commonly used in agricultural products as they have typical qualities that derive from their places of origin and are influenced by specific local and geographical factors such as climate and soil. The central research question is why Bangladesh supported the establishment of Geographical Indication method, and not the trademark and certification model; and how Bangladesh has established GI rights at the national and international levels. The paper is divided into three sections. The first section traces the evolution of GI as form of intellectual property rights. The next section explores the ongoing debates between members of the World Trade Organization (WTO) in regard to the adoption of national and international legal protections for the GI products. The concluding section analyzes the initiatives taken by Bangladesh to protect her traditional products.

Keywords: Intellectual property rights, Foods, Handicrafts and Cultural heritages.

Location: Department of International Relations, University of Dhaka, Bangladesh.

Start Date:

End Date:

Program Area: Socio-economic and Policy

Non-commodity: Social status, Insurance

Objectives:

Objective of the study was to analyzes the quest of Bangladesh at the national and international levels for the establishment of intellectual property rights over its foods, handicrafts and cultural heritages.

Methodology:

Geographical Indication (GI) has evolved as distinct form of intellectual property to provide indication to the consumer about the identification of the place of origin for a product. The Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement, adopted in 1994, was the first major international treaty recognizing the GI as distinct form of intellectual property rights. TRIPS articulate three major characteristics of GI products. These are: 5. It must relate to a specific type of goods. These goods must originate from a defined area. These goods must have qualities, reputations or other characteristics that are clearly linked to the geographical origin of goods. The GI method is commonly used in agricultural products as they have typical qualities that derive from their places of origin and are influenced by specific local and geographical factors such as climate and soil. For instance, the Rocquefort cheese, Blue Mountain coffee, Darjeeling tea, Cognac, Scotch, Porto, Havana are the most common and world famous GI products which are well known because of their association with certain nature and quality associated with particular geographic origins. Most of the GIs relate to agricultural products, foodstuffs, wine and spirit drinks. However, the GI protection can be extended to non-agricultural products. GI may also be used for highlighting specific qualities of products that are due to human skills found in the product’s place of origin. In that sense, GI is close to traditional knowledge and know-how as it focuses on old and local creativities and skills of the community. Handicrafts and other local products which reflect local traditions, cultural traits as well as contain local natural resources can also be considered GI products. The foregoing discussion suggests that GIs offer intellectual property rights to ensure protection of specific agricultural products, food stuff, and handicrafts which are originated in a specific place and possess qualities, reputation, traditional know-how or other characteristics that are essentially attributable to that place of origin. During the TRIPS council meeting in December 1998, many countries submitted their products under GI.

Source of Information: Journal of the Asiatic Society of Bangladesh (Hum.), Vol. 59(2), 2014, pp. 265-89

Article Link (Online Journal): http://www.asiaticsociety.org.bd/2_848_%20Atique_Dec_14.pdf

Funding Source:

Budget:

Total Budget (Tk.) :

Achievement/Findings:

In an increasingly integrated and competitive global market, countries should establish their rights over their own products. Success in international trade depends largely on the product differentiation from their sources of origins. Interestingly ninety percent of these come from the developed thirty three countries of the Organization for Economic Co-operation and Development (OECD). From the developing countries perspectives, GI Act is highly beneficial for their social-economic development. Bangladesh enacted the GI Act in 2013 to ensure exclusive intellectual property rights over its foodstuffs, handicrafts and traditional knowledge. The development of GI mechanism and enforcement is expensive. Bangladesh should develop skilled manpower and institutions to foster GI registration process at the rural level. Skilled manpower is highly required to help rural communities which are GI owners in terms of litigations, dispute settlements, and negotiations. On the other hand, for effective implementation of GI law Bangladesh needs extensive activities regarding product recognition, marketing and sales. Marketing involves branding activities which require community level production and branding strategy, advertising and worldwide awareness programs. Also like other intellectual property right laws, the 2013 GI Act is a national legislation. Therefore, Bangladesh has to seek its GI protection in each nation state which also requires extensive negotiations and diplomatic efforts to seek GI protection worldwide. The country has already a well defined GI Act. A long-term implementation process of GI Act can help Bangladesh to establish intellectual property rights over its food, handicrafts and cultural heritages.

Knowledge Management: Journal